THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.1694 of 2025

ORDER

With the consent of both the parties, this Writ Petition is disposed of at the admission stage.

2. This Writ Petition is filed challenging the notice of sale of subject property dated 01.12.2024 putting up the land of the petitioner for sale on account of the default of petitioner in repayment of loan with interest.

3. Ms. B. Rachana, learned Senior Counsel representing learned counsel for the petitioner submitted that the petitioner approached respondent No.2 for loan to set up cattle shed/dairy farm after mortgaging the petitioner’s agricultural lands in the year 2017 and thereafter, in the year 2020, the petitioner failed to repay the loan amount. Learned counsel for the petitioner submitted that the petitioner’s property has been put up for sale for realization of the decretal amount and auction is to be held today i.e., on 22.01.2025. She seeks installments to make payment of the loan amount and further submitted that the petitioner would approach the bank for one time settlement of the loan amount and the respondent-bank may be directed to consider the same.

4. Sri K. Durga Prasad, learned counsel for respondents No.3 and 4, submitted that as per his instructions, there is no scheme for one time settlement available at present and however, if it is possible, the bank would consider the same.

5. Having regard to the above submissions, this Court permits the petitioner to make an application for one time settlement and the respondents shall consider the same in accordance with the scheme available as on the said date and in accordance with their discretionary power, if any. Further, this Court is inclined to grant stay of all further proceedings including the auction/sale of the subject property pursuant to the impugned notice of sale E.P.No.43/LT/2020-2021 subject to the petitioner paying the entire amount as per the One- Time Settlement Scheme or the entire decretal amount with interest in installments as per the following terms. The petitioner shall pay one-fourth of the decretal amount by the end of this month i.e., on or before 30.01.2025 and thereafter, shall pay the balance amount in three (3) equal installments and each installment shall be paid by the end of every month commencing from 28.02.2025 and ending with 30.04.2025 and the last installment shall include the interest, etc., if any, which is due to the bank till the date of payment. In case the petitioner fails to comply with the terms of this order, the stay shall automatically stand vacated and the respondents shall proceed with consequential action pursuant to the impugned auction notice.

6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

7. Miscellaneous applications, if any, pending in this writ petition, shall stand closed.

_____________________________ JUSTICE T. MADHAVI DEVI Date: 22.01.2025 Note: Furnish C.C. by 23.01.2025 B/o. PRN

547 HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.1694 of 2025 Date: 22.01.2025 Note: Furnish C.C. by 23.01.2025 B/o. PRN